Dearhart v. Reserve Insurance Co.

Nichols, Presiding Judge.

1. Under the decision of the Supreme Court in St. Paul Fire &c. Ins. Co. v. Johnson, 216 Ga. 437 (117 SE2d 459), the trial court properly overruled the general demurrers of the defendant Dearhart. No error is assigned on the judgment overruling special demurrers.

2. The case was tried by the trial court without the intervention of a jury and from the bill of exceptions it appears that five exhibits were introduced in evidence and since the parties agreed the facts were not in dispute, the trial court was authorized to consider two exhibits to the answer of the…